Tips for cracking down on illegal fund-raising 1. What illegal fund-raising targets does the state crack down on?
There are two crimes involving illegal fund-raising: 1, the crime of illegally absorbing public deposits; 2. Crime of fund-raising fraud.
Sentencing depends on the specific circumstances. 1. Crime of illegally absorbing public deposits Article 176 of the Criminal Law of People's Republic of China (PRC) Whoever illegally absorbs public deposits or absorbs public deposits in disguised form, thus disrupting the financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph. Illegal absorption or disguised absorption of public deposits, under any of the following circumstances, shall be investigated for criminal responsibility according to law: (1) individuals illegally absorb or disguised absorption of public deposits, the amount of which is more than 200,000 yuan, and units illegally absorb or disguised absorption of public deposits, the amount of which is more than 6,543,800 yuan; (2) Individuals illegally or in disguised form absorb more than 30 public deposit objects, and units illegally or in disguised form absorb more than 150 public deposit objects; (3) Individuals illegally absorb and conceal public deposits, resulting in direct economic losses of depositors of more than 654.38 million yuan, and units illegally absorb and conceal public deposits, resulting in direct economic losses of depositors of more than 500,000 yuan; (4) Causing adverse social impact or other serious consequences.
Under any of the following circumstances, it belongs to "huge amount or other serious circumstances" as stipulated in Article 176 of the Criminal Law: (1) The amount of public deposits illegally absorbed or disguised by individuals is more than 6,543,800 yuan, and the amount of public deposits illegally absorbed or disguised by units is more than 5 million yuan; (2) Individuals illegally absorb or disguise public deposits 100 or more, and units illegally absorb or disguise public deposits of more than 500 people; (3) Individuals illegally absorb or absorb public deposits in disguised form, resulting in direct economic losses of depositors of more than 500,000 yuan, and units illegally absorb or absorb public deposits in disguised form, resulting in direct economic losses of depositors of more than 2.5 million yuan; (4) Causing particularly bad social impact or other particularly serious consequences. The amount of illegal or disguised absorption of public deposits shall be calculated in full with the funds absorbed by the actor.
The amount refunded before and after the crime can be considered as the circumstances of sentencing. Illegal absorption or disguised absorption of public deposits, mainly used for normal production and business activities, can repay the absorbed funds in time, can be exempted from criminal punishment; If the circumstances are obviously minor, it shall not be treated as a crime.
2. Crime of fund-raising fraud Article 192 of the Criminal Law of People's Republic of China (PRC) illegally raises funds by fraud for the purpose of illegal possession. If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property. Individuals who commit fund-raising fraud and the amount is more than 654.38+10,000 yuan shall be deemed as "a large amount"; If the amount is more than 300,000 yuan, it shall be deemed as "a huge amount"; If the amount is more than 6,543,800 yuan, it shall be deemed as "extremely huge".
If the unit implements fund-raising fraud and the amount is more than 500,000 yuan, it shall be deemed as "a large amount"; If the amount is more than 6.5438+0.5 million yuan, it shall be deemed as "a huge amount"; If the amount is more than 5 million yuan, it shall be deemed as "extremely huge". The amount of fund-raising fraud is calculated by the amount actually defrauded by the perpetrator, and the amount returned before the incident is deducted.
Advertising fees, agency fees, handling fees, kickbacks paid by the actor for fund-raising fraud activities, or expenses for bribery, gifts, etc. shall not be deducted. The interest paid by the actor for fund-raising fraud shall be included in the fraud amount, except that the principal can not be deducted.
2. What are the precautions to prevent illegal fund-raising?
Precautions against illegal fund-raising: 1. Strengthen the study of legal knowledge and enhance the legal concept; 2. Always keep a tight mind, don't be deceived by various economic temptations, and abandon the idea of "making a windfall" and "getting rich for nothing"; 3. Before investing, we should do enough detailed investigation to understand the details of the fund raiser; 4. If you want to invest in stocks, funds and other financial securities, you should buy and trade them through legal securities companies, and don't trust some people and institutions engaged in securities business illegally, as well as small advertisements, network information, mobile phone text messages, promotion meetings, hiring people to lobby, etc. 5. The public should not be credulous of any promises made by criminal suspects of illegal fund-raising, so as not to cause irreparable huge economic losses.
3. Strictly crack down on illegal fund-raising.
First, strengthen organizational leadership and improve the non-working mechanism.
In order to seriously and timely handle the illegal fund-raising work in our city, our city attaches great importance to it, and has held more than 20 joint meetings on the disposal of illegal fund-raising, and made careful arrangements for the disposal of illegal fund-raising work in our city. First, the city's system for handling illegal fund-raising has been established.
At the county and city levels, the working mechanism of the joint meeting of illegal fund-raising was established, in which the mayor in charge and the deputy heads of counties (districts) were in charge, and 27 member units participated. At the same time, a leading group for the disposal of illegal fund-raising in Zhuzhou City was established. According to the principle of "whoever is in charge is responsible", it is clear that the main supervision departments of counties, cities and industries are the first responsible units to deal with illegal fund-raising, and the leadership is responsible at different levels. The second is to establish and improve the work system of work coordination and supervision.
A log of illegal fund-raising was established to supervise, record and sort out the promotion, deployment and completion of non-work in various departments; At the same time, an information communication and work distribution system has been established, and a horizontal information exchange system between counties and cities and major regulatory departments in various industries has been constructed. Cases reported by counties and cities and member units of the Association will be handled in accordance with the principle of territorial management and "who is in charge is responsible". Second, strengthen communication and coordination and keep abreast of non-work trends.
In accordance with the unified arrangements of the provincial office and the municipal office, under the correct leadership of the municipal office, our office and the municipal office have conducted special studies with relevant units on the issues raised in your proposal for many times, conscientiously implemented the overall disposal principle of "giving priority to localities, coordinating with departments, clarifying responsibilities, giving equal attention to cracking down on prevention, comprehensive management and focusing on root causes" in the State Council, and earnestly do a good job in preventing, cracking down on and disposing of illegal fund-raising. On March 20 10, a joint investigation inspector group was formed with the municipal non-profit-raising office and Zhuzhou Banking Supervision Branch, and went to Youxian, Liling and Zhuzhou counties to carry out special inspection and investigation on the disposal of illegal fund-raising.
Focusing on the goal of "ensuring growth, people's livelihood and stability" put forward by the Municipal Party Committee and the Municipal Party Committee, the Inspector Group, together with the leaders of counties (cities) and * * *, made suggestions on the handling and stability of the original illegal fund-raising cases, the new trend of illegal fund-raising, the difficulties encountered in handling illegal fund-raising (hereinafter referred to as "handling mistakes") and the handling of "handling mistakes". Third, strengthen publicity and guidance, and do a good job in error investigation and prevention.
First, strengthen publicity and education and public opinion guidance. In order to comprehensively improve the general public's consciousness and ability to consciously resist and prevent illegal fund-raising, our office organized 23 member units and 9 counties (cities, districts) to carry out publicity month activities to prevent and combat illegal fund-raising in the whole city from May 18 to June 18, 2009.
Set up 15 publicity consultation point, 156 publicity display board, distribute 35,000 publicity materials, send150,000 SMS messages, hang 230 publicity balloons and 550 publicity banners. Many local news media, such as Zhuzhou Daily, Zhuzhou Evening News, Zhuzhou News Channel, Traffic Radio and Zhuzhou Red Net, conducted on-site interviews, reports and reprints. The Vice Mayor was interviewed by reporters on how to prevent and crack down on illegal fund-raising. After the news report was broadcast, the general public paid close attention to the problem of illegal fund-raising.
Through up-and-down linkage, the public's ability to identify illegal fund-raising, risk prevention awareness and investment and financial management concept have been further improved. In addition, on March 22, 20 10, the annual non-work work and training meeting of the whole city was organized, which summarized the non-work of the whole city in 2009 and deployed the non-work of 20 10; And take the way of training instead of training for non-professional training.
The second is to unblock consultation channels and establish and implement a reward system for reporting by the masses. Plans are under way to set up a complaint acceptance center for illegal fund-raising in relevant departments, set up a public telephone, receive reports from the masses, provide relevant policy advice and legal services, and help the public to invest and solve doubts.
At the same time, formulate incentives for the masses to report illegal fund-raising activities, uniformly announce the reporting telephone numbers and incentives of counties (cities, districts) through the news media, mobilize news media and other units and cadres and the masses to actively participate in support, and improve the transparency of non-work. Third, organize a comprehensive investigation and rectification of potential risks.
According to the deployment and requirements of the relevant documents of the provincial office, the Municipal Office has formulated the investigation work plan, and carried out a comprehensive and in-depth investigation of the risks of illegal fund-raising in five counties and four districts in conjunction with the municipal public security, banking, industry and commerce departments, focusing on corporate financing, private lending, real estate development and other fields. , find out the overall risk situation, formulate comprehensive improvement measures, and resolve potential risks as soon as possible. Fourth, do a good job in handling cases and maintain local economic stability.
In the prevention and disposal of illegal fund-raising, our city adheres to the principle of combining heavy blows with prudent disposal. While focusing on handling key cases and enhancing the deterrent effect, we should persist in prudent handling and maintain local economic stability. In 2009, five cases involving illegal fund-raising occurred in our city, including Jinguan International Plaza, Cheng Ruihua, Tian Huiping, Zhang Jianyun and Hu Weihong.
The Municipal Party Committee and the Municipal Party Committee * * * attached great importance to it, and asked the local Party Committee * * and relevant industry authorities to proceed from the overall situation of maintaining local economic and social stability and increase the disposal efforts. Citizens' religious offices strengthen coordination and supervision, organize relevant functional departments to handle key cases according to law in strict accordance with the requirements of the Operating Rules for Disposal of Illegal Fund-raising (No.4 [2008] of the Ministry of People's Religious Affairs), and report relevant cases and disposal work to the Provincial People's Religious Affairs Office.
At present, the suspected illegal fund-raising case of Jinguan International Plaza has been basically identified, and fund-raising work is underway; Three suspected illegal fund-raising cases, including Cheng Ruihua, Tian Huiping and Zhang Jianyun, have been safely handled according to law; The handling of suspected illegal fund-raising cases in Hu Weihong is progressing smoothly, the overall situation is basically under control, the local social economy and finance are stable, and no group problems have occurred. 5. Pay attention to long-term development and optimize the financial ecological environment.
A good financial ecological environment is an important guarantee to prevent and ban illegal fund-raising and an important measure to regulate private financing. Adhere to the "combination of unblocking and blocking" in work.
4. How to prevent and deal with illegal fund-raising?
1. Compared with whether the interest rate of bank loans and the yield of ordinary financial products are too high, the obviously high return on investment is likely to be an investment trap in most cases.
According to China's regulations, those who exceed the national loan interest rate by more than 4 times are not protected by law, which can be used as a reference to judge whether the return is too high. The normal annual profit of an enterprise generally does not exceed 20%, and the return on investment is extremely high, among which there must be illegal fraud.
"Get rich quickly", "high return, zero risk" are very likely to be investment traps of "please go into the jar", don't believe in "free lunch". 2. Inquire whether the relevant enterprises are legally listed companies approved by the state through the * * * website, and whether they can issue company stocks, bonds and equity trading places stipulated by the state. If you don't have the main qualification to issue and sell stocks, sell financial products and carry out deposit and loan business, you are suspected of illegal fund-raising.
3. By inquiring about the industrial and commercial registration materials, we can know whether the relevant enterprises are legally registered and whether they are registered for tax. If the identity of the subject is illegal and untrue, it is suspected of fraud.
4. Some influential illegal fund-raising crimes will be reported by relevant media. It is necessary to search and query the illegal and criminal records of relevant enterprises through media and Internet resources to prevent criminals from committing crimes in different places. 5. For low-risk and high-return investment advice and repeated persuasion to relatives and friends, we should make prudent, kind and prudent decisions with knowledgeable friends and professionals to prevent them from becoming their development goals.
6. If it is really impossible to judge whether it is illegal fund-raising, in addition to the above, we should be vigilant and try to avoid being deceived. The public can consult the relevant departments and make a decision after knowing the details. Never invest blindly.
How to effectively combat and curb illegal fund-raising activities has always been a hot issue of concern to * * * and academic circles.
(1) Deepen the reform of the financial system and reduce financial repression.
In the long run, it is better to crack down on illegal fund-raising. First, according to the regional characteristics of private financing, strengthen local supervision of private finance, and explore a two-line supervision mode combining financial management departments with local governments. Second, it is necessary to gradually relax the entry threshold for private capital to enter the banking industry, vigorously develop financing entities such as microfinance companies, pawn shops and village banks, and further relax the policy restrictions on private capital to set up industrial investment funds and participate in financial institutions. Third, promote the interest rate marketization reform in an orderly manner, so that the price of funds can truly reflect the market supply and demand, and guide social funds to actively invest in the formal financial system. Fourth, expand and improve investment channels such as treasury bonds, securities, funds and insurance, and enrich investment varieties suitable for investors at all levels.
(2) Strengthen legislative construction and correctly define the legal status of private financing.
At present, the definition of securities in the Securities Law is relatively narrow, which simply prohibits all unapproved financing activities, unable to meet a large number of reasonable financing needs, and also leaves room for the legalization of private finance. On the other hand, laws and regulations such as Lenders' Regulations and Anti-usury Law need to be promulgated in time to clarify the legal definition, behavior norms, interest rate range, mortgage guarantee and dispute resolution of private lending and illegal fund-raising, so as to build a legal and standardized operating platform for private lending.
(3) further improve the working mechanism and strengthen inter-departmental coordination.
First, further clarify the work priorities of the joint conference office and local financial offices, unify leadership, and effectively coordinate the forces of all parties. The second is to improve the relevant statistical analysis system. It is suggested that the joint conference office take the lead in statistical analysis of illegal fund-raising cases in each year and share the analysis results among member units. The third is to strengthen monitoring and early warning. It is necessary not only to establish and improve information channels such as mass reporting and media supervision, but also to conduct regular investigations by various industry authorities and regulatory authorities. The industrial and commercial departments should strengthen the daily supervision of enterprises, and the financial departments should strengthen the investigation and risk early warning of suspicious transaction clues. Fourth, while implementing the front-line responsibilities of industry regulators and regulatory departments, we should give them corresponding disposal authority and move the disposal gate forward.
(4) Intensify public opinion propaganda and enhance people's awareness of risk prevention.
Use various propaganda tools and carriers to inform the masses of the typical ways, characteristics and identification methods of illegal fund-raising, enhance their awareness of self-protection, enhance their awareness of participating in illegal fund-raising at their own risk, and consciously * * * illegal fund-raising activities. Vigorously carry out financial knowledge into the community, into the countryside and other activities, accelerate the popularization of financial knowledge, and help the masses establish a correct concept of financial management. At the same time, establish a reward system for reporting illegal fund-raising, mobilize the masses to actively report clues about illegal fund-raising activities, and give full play to the supervisory role of social forces.
6. What measures will the CSRC take to prevent and crack down on illegal fund-raising?
First, improve the system of laws and regulations, actively promote the introduction of private equity fund regulations, and regulate equity crowdfunding in the revision of the Securities Law.
By constantly improving laws and regulations, we will guide the standardized development of financial innovation activities and prevent illegal financial activities in the name of financial innovation. The second is to do a good job in preventing the risk of illegal fund-raising.
Promote fund industry associations to establish a sound private equity fund risk monitoring system and an industry risk monitoring and evaluation system based on big data on the basis of the existing registration and filing system, dynamically assess the industry risks of private equity funds, and promptly warn potential risks and risks of illegal fund-raising activities. Cooperate with local governments, improve the existing illegal fund-raising disposal mechanism, and effectively prevent the risks of illegal fund-raising activities in the form of private equity funds and equity crowdfunding.
The third is to strengthen policy propaganda and investor education. In terms of investor education in the capital market, we will strengthen publicity and education and case warnings on illegal fund-raising activities in the name of private equity funds and equity crowdfunding, and raise investors' awareness of risk prevention of various illegal fund-raising activities.
Improve the contents of investor education columns on the websites of CSRC and industry associations, strengthen the publicity of illegal fund-raising cases, distribute a compilation of common deception manuals in the financial industry to investors, and raise investors' risk awareness. The fourth is to strengthen inspection and law enforcement and strengthen the reputation restraint mechanism.
Guided by problems and risks, strengthen inspection and law enforcement. Increase penalties for violations such as public publicity and promotion, raising funds from unqualified investors, and committing to protect capital and income in violation of regulations.
At the same time, guide trade associations to improve the blacklist system, record major dishonesty and disciplinary actions in the integrity file, strengthen the credit restraint mechanism, and increase the cost of market dishonesty; Improve the classified publicity system, and publicize the non-compliance behaviors of private equity institutions in four aspects: false reports, major omissions, violation of the three bottom lines, and bad credit records of relevant entities.